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Clare, Solicitor
Category: Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am not in the tenancy agreement and we have never lived in

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I am not in the tenancy agreement and we have never lived in the council property as a couple, the tenancy is in my ex-partners name.
We have a twelve and a half years old child and he's a boy, he used to live with the mother in the property until the mother immigrated to Uganda back in October 2013 after the court dismissed her application to permanently remove our son from the jurisdiction and ruled that in the event she traveled to Uganda she should surrender the child to me.
When she left the country i moved in the flat to provide the needs and protection to my son. I have continued to live there with my son up to now however the mother returned to the country in May of last year and demanded that i should move out of the property. Because of the length of time she was away and the bond we have established between me and my son, i refused to move out and told her to go to court.
She made an application for child arrangement under the children act 1989 and the proceedings have been going on, she also made false allegations of domestic violence and sexual violence and and unfortunately the judge took her side after a fact finding but i was not represented at the hearing.
Cafcass were asked to conduct a section 7 report and also find the views and wishes of the child, the child said he want to continue to live with me and said that i meet all his need's and did not want to go back to the care of the mother because she has beaten him in the past and uses excessive force. The cafcass made a referral to the children services and the local authority do a section 37 report due to the fact finding and the fact that the mother has used excessive force to chastise the child in the past.
She has also made an application for a non-molestation and occupation order and the child arrangement order, at every hearing we attend her counsel is always asking the judge to make a decision about the orders but the judge seems to be reluctant to make any orders until the final hearing, i suspect she's holding it due to the fact that this child has lived with me for nearly 3yrs and also the child has voiced his views and wishes . I have respetfully disagreed with the fact finding because i didn't do it and it's just based on a balance of proberbility and no real evidence but i have been told i will have to attend a DVPP course, although i have never been violent to my son.
My question is, if i am allowed to continue being the child main guardian after the final hearing, will or can the judge make an order at the same hearing to transfer the tenancy for the benefit of the child so that the child can still retain his home or will i have to make a different application for the transfer of tenancy?
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Customer: replied 2 years ago.
Hi Nicola, thanks for your time spent on trying to assist me. I can continue waiting for an answer, thank you.
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Thank you for your patience,

Thank you for your question

My name is ***** ***** I shall do my best to help you.

The applictaion currently before the court is a Section 8 applictaion and that does NOT allow the Judge to make any orders regarding the tenancy I am afraid.

A Separate application will have to be made

Please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 35574
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
What application do i need to make in that regard ? ( under the children act )

Under the Children Act it is this one